The 1978 Spanish Constitution: A Comprehensive Overview
The 1978 Spanish Constitution
Key Features
The 1978 Constitution is characterized by its consensual nature, resulting in a lengthy text and a slow legislative process, sometimes causing public discontent. Influenced by various international constitutions, it demonstrates originality while acknowledging the historical impact of the 1812 and 1831 Spanish Constitutions, incorporating elements like the constructive vote of no confidence. Its innovations address crucial matters such as the protection of individual rights and public freedoms by the Constitutional Court.
Comprising 11 titles, 109 articles, and additional provisions, the Constitution defines Spain as a social and democratic state upholding not only freedoms but also their legal defense and practical implementation. The first title, the most debated, addresses the state’s secular nature while recognizing the Catholic Church’s influence. Significant disagreements arose regarding the abolition of the death penalty (ultimately included), the introduction of abortion (extensively discussed), and freedom of education.
Title II: The Monarchy
Title II defines the Monarchy as an organ of the state, a parliamentary, mediating, and arbitrative figure with representative functions.
Titles III and IV: Executive and Legislative Powers
Spain’s bicameral system consists of the Congress of Deputies and the Senate. The Congress holds greater significance, while the Senate acts as a second chamber for reviewing legislation and has a regional component, with members elected by province and representing autonomous communities. Organic laws, requiring an absolute majority vote, ensure consensus on key issues.
The Constitution limits excessive parliamentarism, requiring a constructive vote of no confidence in Congress to remove the government.
Titles VI and VII: Social and Economic Issues
Titles VI and VII contain well-intentioned statements requiring ordinary legislation for effective implementation.
Protecting Liberties
Liberties are protected by the Constitutional Court, the Judiciary, and the Ombudsman, all elected by a parliamentary majority.
Title VIII: Regional Organization
Title VIII, addressing regional organization, was the most debated and legally complex.
The Autonomous Question
The establishment of political autonomy recognizes the self-governing aspirations of nationalities and regions, ending rigid centralism. This model creates multiple power centers, acknowledging Spain’s diverse nationalities and regions with policy-making abilities. Autonomous regions, comprising provinces or groups of provinces, achieve self-governance by assuming specific functions and powers through statutes.
The Constitution doesn’t definitively regulate the powers of the central government and autonomous communities. The state retains exclusive competence over international relations, defense, armed forces, and the monetary and financial system, but can delegate functions under Article 150. Autonomous communities can assume responsibilities like urban planning, culture, tourism, road transport, fisheries, education, policing, and environmental protection through devolution.
Autonomous regions manage their economic resources, financed by transferred taxes, national charges, and their own fees. A Compensation Fund addresses economic imbalances and interregional inequalities, upholding the principle of solidarity.